Queensland Bar Exam - Procedure
Questions and Answers Grade A+
What is the jurisdiction of the District Court of Qld?
✓ All civil personal actions up to 750k (68)
✓
✓ Grant relief with all power of supreme court (69)
What is the jurisdiction of the Magistrates Court of Qld?
✓ All civil personal actions up to 150k (4)
What are the facts of Spencer v Cth? Fed
✓ Summary dismissal at trial and on appeal overturned by the High Court
✓
✓ Spencer claimed that commonwealth legislation and
intergovernmental agreements affected acquisitions of his property
other than on just terms (Constitution)
✓
✓ - State restricted ability to clear native vegetation, effectively
amounting to acquisition of interest in land.
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What was held in Spencer v Cth? Fed
✓ - Summary dismissal should not be awarded where:
✓
✓ 1. Factual issues are capable of dispute (reasonable prospect = more
than fanciful)
✓ 2. Preclusions by existing authority not necessarily lethal unless binding
High Court precedent
✓ 3. Complex issues of fact (simpler facts, easier to award)
✓
✓ - More likely where legal question only - no factual dispute
What are the facts of Aon risk v ANU? Fed
✓ 1. Late application for leave to amend
✓ - Amendments required completely new defence,
✓ - trial date set and missed,
✓ - no explanation given,
✓ - chance of multiplicity of proceedings low,
✓ - real issues brought to attention earlier
What was held in Aon risk v ANU? Fed
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✓ Amendment disallowed on public policy grounds
✓ Apply UCPR 5 - objectives, 375 - leave to amend
✓
✓ 1. Justice vs wider public interest in efficient use of limited court
resources
✓ 2. Costs alone inadequate as remedy
✓ - cannot cure all forms of prejudice
What are the facts of Vaughan v Bonjiorno? State
✓ Mareva relief was sought - evidence in this case deemed both
inadmissible and alternatively insufficient
What was held in Vaughan v Bonjiorno? State 2 factors
Master01 | October, 2024/2025 | Latest update